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Provide appointments within four weeks to kins of Paddar victims: HC
6/21/2008 11:22:06 PM
Early Times Reporter
Jammu | June 21
The Jammu and Kashmir High Court has directed the state government to provide compassionate appointment to kith and kin of massacre victims of Paddar under SRO 43 within four weeks off time before disposing off six writ petitions filed by Dev Raj, Rangail Singh, Subash Chander Thaker, Vinod Kumar Thaker, Rattan Lal Thaker and Swami Raj Thaker.
The close relatives of petitioners were massacred when terrorists struck in Village Ladder (Paddar) during intervening night of 3/4th Aug. 2001.Fourteen innocent villagers belonging to minority community were killed by militants during swoop down on their village,
Justice YP Nargotra of the J&k High court directed State of J&K to accord consideration to cases of petitioners for compassionate appointment in terms of SRO 43 of 1994 within a period of four weeks.
Advocate Mr. D. S. Chauhan on behalf of petitioners argued that after killing of fourteen innocent villagers, First Information Report No. 6 of 2001 under Sections 364,302,307 RPC and 7/27 Arms Act was also registered with Police Station, Atholi. The whole State of J&K mourned massacre of innocent souls and many National Leaders including then Home Minister namely Shri Lal Krishan Advani, visited terror site and assured employment under SRO 43 of 1994 dated 22.02.1994. On the basis of reports/recommendations made by Tehsildar, Kishtwar petitioners were found eligible family members for purposes of compassionate appointments under the J&K (Compassionate Appointment) Rules, 1994, in lieu of deaths of their kiths and kins. Accordingly the petitioners approached the State machinery, seeking employment on compassionate grounds, after petitioners had fulfilled all the requisite formalities as laid down under the provisions of the J&K (Compassionate Appointment) Rules, 1994, while submitting files to the Deputy Commissioner, Doda, in the month of November 2001.
The petitioners, right from 07.11.2001 till date have been visiting the Office of the Deputy Commissioner, Doda, but are being deprived of issuance of letters of appointment, against a vacancy in lowest ranks of a non-gazetted service, being eligible family members of civilians who died as a result of militancy related action not involved in militancy related activities, despite fulfillment of the formalities in accordance with the procedure prescribed in SRO 43 of 1994 dated 22.02.1994 and the consequential benefits of salary and pay attached to the post but unfortunately the similarly situate incumbents namely Shri Om Parkash S/O Late Shri Gauri Lal, Shri Mulk Raj S/O Late Shri Puran Lal, Puran Lal S/O Late Shri Ram Nath, Smt. Nirmala Devi Wd/O Late Shri Bal Krishan and Suresha Devi Wd/O late Shri Balwant Singh, who had submitted their cases file on 19.04.2002, have been offered letters of appointment in April, 2002 itself in lieu of deaths of their kiths and kins, who were also massacred along-with the kiths of petitioners. However, till date though period of six years has elapsed, State has not appointed the writ petitioners.
D. S Chauhan, Advocate further argued that the widening of differences between promises and performances of the Government of Jammu and Kashmir are adding fuel to fire to emergence of exploitation, when the family member of a militant killed in military/police action is being provided with letter of appointment with the visit of Chief Minister and other functionaries of State, to the residence of the bereaved family in Kashmir Province, whereas, the blood of a civilian who dies as a result of militancy related action not involved in militancy related activities, in Jammu Province, is being seen as animal blood and his rights under SRO 43 of 1994 dated 22.02.1994 are looked upon with frown and disdain.
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